Sunfresh Beverages, Inc. maintains this site (“the Site”) for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Sunfresh Beverages, Inc. and used by Sunfresh Beverages, Inc. and its bottlers throughout the world (the “Trademarks”).
Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Sunfresh Beverages, Inc. may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.
1. You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Sunfresh Beverages, Inc., unless otherwise noted, or are the copyrighted property of third parties. Sunfresh Beverages, Inc. neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Sunfresh Beverages, Inc.
2. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video.
3. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Sunfresh Beverages, Inc. and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
4. While Sunfresh Beverages, Inc. uses reasonable efforts to include accurate and up to date information in the Site, Sunfresh Beverages, Inc. makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
5. Information in the Site is subject to change without notice. Information regarding Sunfresh Beverages, Inc.’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Sunfresh Beverages, Inc. makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
6. Use of and browsing in the Site is done at user’s own risk. Neither Sunfresh Beverages, Inc. nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. From time to time, Sunfresh Beverages, Inc. may ask that you transmit to the Site by electronic mail your feedback on Sunfresh Beverages, Inc.’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Sunfresh Beverages, Inc., (b) become the property of Sunfresh Beverages, Inc. and Sunfresh Beverages, Inc. shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Sunfresh Beverages, Inc. or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Sunfresh Beverages, Inc. shall be under no obligation to respond to any such communication.
8. Notwithstanding the foregoing, Sunfresh Beverages, Inc. maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to Sunfresh Beverages, Inc. in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Sunfresh Beverages, Inc. and Sunfresh Beverages, Inc. shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Sunfresh Beverages, Inc. shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Sunfresh Beverages, Inc. shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Sunfresh Beverages, Inc. uses or activities.
9. The Trademarks displayed on the Site are registered and unregistered Trademarks of Sunfresh Beverages, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Sunfresh Beverages, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
10. This Site may link to other sites not maintained by or related to Sunfresh Beverages, Inc. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Sunfresh Beverages, Inc. Sunfresh Beverages, Inc. has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
11. In the event that Sunfresh Beverages, Inc. may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, Sunfresh Beverages, Inc. is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that would constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Sunfresh Beverages, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Sunfresh Beverages, Inc. to disclose the identity of anyone posting any such information or materials.
12. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
14. Sunfresh Beverages, Inc. maintains and operates this Site from its offices in the state of Alabama, United States. These Terms and Conditions are governed and interpreted under the laws of the state of Alabama, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
15. These Terms and Conditions set forth the entire understanding and agreement between you and Sunfresh Beverages, Inc. with respect to the Site. You acknowledge that any other agreements between you and Sunfresh Beverages, Inc. with respect to the Site are superseded and of no force or effect.
Sunfresh Beverages, Inc., its affiliates and agencies (collectively, “Sunfresh Beverages, Inc.”, “we” or “us”) are committed to protecting the privacy of personal information you provide to us, including on our branded web sites, via various social media platforms, and in connection with the use of any mobile applications we may make available (collectively, the “Sites,” and each, a “Site”). We have adopted and publish this Privacy Policy so that you know what information we collect, how we use it, and how you can contact us to request information or changes to the personal information you provide to us. Users can access many features on the Sites anonymously; however, you may be asked to provide personal information when participating in sweepstakes, contests, surveys or providing feedback or when using other interactive areas of the Sites. Use of the Sites signifies your understanding and acceptance of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use the Sites or submit any personally identifiable information to us. This Policy is subject to change, so you should check back here from time to time to review our most current Policy. For anyone who accesses the Services on behalf of a business, the term “you” in this Privacy Policy refers to both the individual accessing the Services and the business that person represents.
We use non-personally identifiable data and personally identifiable information collected on the Sites to update you about our products, services, and promotions, to provide you with other information that you request, and/or to improve our products and service offerings.
We collect and use non-personally identifiable information (e.g., number of visits to the Sites and/or aggregate data about pages visited) (“Aggregate Data”) to improve the design and content of the Sites and we may use the Aggregate Data to analyze Site usage, as well as create services and features to fit your needs. We may perform statistical analyses of Aggregate Data and disclose the results as permitted by law.
We also collect names, contact information, payment and credit card information, location data and birth dates (i.e., personally identifiable information) from our users at several different points on the Sites if users choose to submit that information to us. Users electing to participate in certain areas of the Sites (e.g., product purchases, sweepstakes, contests and surveys, or use of mobile applications), will be asked to provide contact and other personal information. The requested information typically includes contact and other information required in order to verify eligibility to participate in promotions or to receive special offers or marketing information, or payment, contact and shipping information in order to complete a purchase at a Site. Contact information will be used, for example, to notify the winners and award prizes in connection with promotions, or to complete a purchase you have made and ship to you any products you may have purchased at the Sites. If you elect to use our referral service for informing a friend about any of the Sites or a promotion we are offering, we will request your friend’s name and e-mail address. We will automatically send your friend a one-time e-mail inviting him or her to visit a Site, or participate in a promotion. We store this information indefinitely but only use it one time for the purpose of sending this one-time e-mail and tracking the success of our referral program. If you register to receive communications from us via a wireless device, we may ask you to furnish your cell phone number. We reserve the right, for any reason, and in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Sites, including, but not limited to, content, features or hours of availability, and to impose limits on certain features of a Site or restrict your access to part or all of a Site, without notice or penalty. In accordance with our routine record keeping, we may delete certain records that contain your personal information that you have submitted through any of the Sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
We do not use or install spyware on your computer. We do not use spyware to retrieve information from your computer. When you view the Sites, we may store some information on your computer in the form of a “cookie.” Cookies are used by many websites to give users access to certain functions. The information stored in the cookie can also be used to monitor a user’s behavior on the Site. There are two types of cookies: the first saves a file for an extended period on your computer and is used to determine whether there has been any contact between us and your computer in the past; the second type is called a ‘session cookie,’ and is stored temporarily in your computer’s memory while you are visiting the Site. Session cookies are not stored in your browser for an extended period, but are deleted when you close your browser. We use cookies to gather visitor statistics and to record information about your preferences as you navigate through the Sites. In this way, we hope to be able to better target relevant information to our visitors. Most web browsers automatically accept cookies but allow a visitor to modify security settings so he or she can approve or reject cookies on a case-by-case basis. You can access many features on the Sites without providing personal information to us, but if you decline to furnish personal information or if you prohibit cookies, you may limit our ability to provide you with the level of service on the Sites that you might otherwise receive.
We also may use other technology (including, for example, web bugs, e-mail bugs, clear GIFs, web beacons and/or tracker GIFs) at the Sites and/or in our communications with you to enhance the functionality of the Sites and to make your activities at the Sites more convenient and efficient (collectively, “Tracking Technologies”). These technologies may be used by us to store and collect information relating to your viewing and use of the Sites and our correspondence with you. We also may collect your IP (Internet Protocol) address to help diagnose problems with our server, administer the Sites and identify our users.
Any personal information you furnish via the Sites is collected and stored in a database. We have implemented, and will continue to take, reasonable security precautions to protect your personal information against the risk of unauthorized access, loss, misuse or alteration of any information under our control. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Sites, and we are not responsible for any damages or liabilities relating to any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. By using any of the Sites, you acknowledge that you understand and agree to assume these risks.
If a user wishes to subscribe to a newsletter or receive special offers or updates, we ask for contact information such as name and e-mail address. Out of respect for our users’ privacy, we provide a way to opt out of these communications. Please see the “Choice/Opt-out” section below. On rare occasions it is necessary to send out a service-related announcement. For instance, if any of the Sites is temporarily suspended for maintenance, or if we update this Privacy Policy, we may send users an e-mail. We communicate with users on a regular basis to provide requested services or respond to inquiries. We will generally correspond with users via e-mail or telephone, in accordance with the user’s wishes.
Our users are given the opportunity to opt out of having their personally identifiable information used for purposes not directly related to the Sites at the point where we ask for such information. For example, our promotion entry forms have an opt-out mechanism so users who participate in promotions, but do not want to receive any marketing communications from us or our brands, can keep their e-mail address off of our lists. Even if you opt out of having your personally identifiable information added to our marketing communications’ lists, please note that we may still use your contact information to contact you specifically in connection with the promotion for which you submitted your information.
Sunfresh Beverages, Inc. employees and agents will not share information with any third parties other than as set forth in this Privacy Policy. We may use or disclose your personal information to protect the security and integrity of the Sites, to correct technical problems and malfunctions on the Sites, to technically process your information, or to take precautions against liability. We also may provide your personal information to vendors who provide services on our behalf. Those vendors may use your personal information solely in connection with the specific services they provide for us, including, without limitation, fulfillment of a prize, responding to your question or comment, deployment of a consumer survey, or investigation of a complaint. We may also provide your personal information to your credit card issuer, credit reporting and fraud checking agencies as necessary, and to a third party for purposes of processing payments for services and products that you elect to purchase through the Sites. We reserve the right to transfer any personally identifiable information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating the terms of use of one of the Sites. We will not send you any online newsletter or similar e-mail communication unless you expressly consent to receive such a communication from us. If you do choose to receive any such e-mail communication from us, you will always have the opportunity to “unsubscribe” from receiving our e-mails at any time. Please see the “Choice/Opt-out” section above.
You are solely responsible for the personally identifiable information and other content you post on or through the Sites. You understand that personal and other information that you post on or through public areas of the Sites (e.g., chats, blog comments) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the Sites are encouraged to exercise caution when posting personally identifiable information about themselves online. If you elect to use any of our referral services to inform a third party about any of the Sites, or if you otherwise provide a third party’s personal information to us, you warrant that you have permission to do so and you agree to indemnify, defend and hold harmless Sunfresh Beverages, Inc., its affiliates and agents from and against any claims, liabilities, costs and expenses arising in connection with your provision of that information.
This Privacy Policy will be interpreted under the laws of the United States of America. To the extent you are accessing the Sites from outside of the United States of America, you do so at your own risk. If you are located outside the United States of America, you should be aware that your personal information will be transferred to the United States of America, the laws of which may be deemed by the other countries to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personal information to us, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, write to Sunfresh Beverages, Inc., Attn: Laura Kate Lindsey, 111 Oxmoor Road, Birmingham, Alabama 35209.
The Sites sometimes contain links to other websites, and sometimes we utilize third parties to provide, administer and maintain mobile applications for us (“App Providers”). We are not responsible for the privacy practices or the content of any such websites or of any App Providers. This Privacy Policy does not apply to any information that may be collected on any other websites or through mobile applications provided, administered or maintained by App Providers.
Although the Sites are intended for use primarily by adults, Sunfresh Beverages, Inc. is committed to safeguarding the privacy of children if they happen to visit any of the Sites. If you are under 18 years old, do not provide your name, e-mail address, or any other identifying information without the consent of your parent or guardian, or as otherwise provided for by applicable law. Verification of parent or guardian must be provided. We have developed our privacy practices as they relate to children from guidelines established by the Children’s Advertising Review Unit and in compliance with the requirements established by the Children’s Online Privacy Protection Act. You represent and warrant that you reside in the United States.
In the event our Privacy Policy should materially change, we will post the date of those changes within this Privacy Policy, with a notice on the Sites and in other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. In general, we will use your information in accordance with our Privacy Policy in effect at the time the personal information was collected. If, however, we decide to use or disclose users’ personally identifiable information in a manner different from that stated at the time of collection, we will notify users via e-mail prior to such use or disclosure of any such information. Users will have the opportunity to opt out of any change in the use of their information. However, if users have opted out of all communication with us or the Sites, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used or disclosed in this new manner. Your continued use of the Sites following the posting of changes to our Privacy Policy means you accept those changes. In some cases if we post such a notice, we will also e-mail users who have opted to receive communications from us to notify them of the changes in our privacy practices.